Divorce

Divorce Law in Cranberry Township, PA

Divorce Decree - Myers Law Group in Warrendale PA
Myers Law Group, LLC provides professional, experienced and cost-effective legal representation to help clients in Western Pennsylvania (Allegheny, Beaver, and Butler counties, among others) traverse through the complex divorce process. Our family law attorneys have focused their entire career exclusively on the practice of family law and bring an in-depth knowledge, experience and expertise to each case.

To file a divorce in Pennsylvania, at least one of the parties must be a bona fide resident of the state for at least 6 months prior to the filing of a divorce action. Depending on the date of separation and assuming both parties meet the residency requirement, a divorce may be filed in the county in which either party lives. However, before filing, an interested party should seek recommendations from legal counsel to determine where it is appropriate to file the divorce complaint.
In Pennsylvania, there are two types of divorces a spouse can choose to file, fault and no-fault based. No-fault based divorces are the most common and usually the most cost effective way to end a marriage. As it is not necessary to prove guilty or fault to obtain a divorce, a no-fault based divorce is usually the path chosen. More information regarding a no-fault based divorce can be found here. Pennsylvania does still provide the option of filing a fault based divorce and there are situations in which fault based divorces are appropriate. To learn more about fault based divorces, look here.


Fault Divorce Law

Pennsylvania recognizes certain grounds for fault based divorces. The court is given the authority to grant a divorce to the innocent and injured spouse if there is a finding that the other spouse has:
  • Committed willful and malicious desertion and has not resided with the injured and innocent spouse, without reasonable cause, for one or more years;
  • Committed adultery;
  • Committed acts of cruel and barbarous treatment, endangering the life or health of the injured and innocent spouse;
  • Knowingly entered into the current marriage while a former marriage was not terminated through death, divorce, or legal annulment;
  • Been convicted of a crime and sentenced to imprisonment for two or more years; or
  • Offered such indignities to the innocent and injured spouse as to render the spouse's condition intolerable and burdensome.

There are some situations in which filing a fault based divorce may be ideal from a tactical stand point. The truth is, this is an expensive way to proceed that usually leads to an emotionally charged legal proceeding and often yields little benefit. The finding of fault is irrelevant for purposes of equitable distribution of marital property and plays a very limited role in support cases. As a result, most divorces are now filed under the no-fault ground.

No-Fault Divorce Law

It is appropriate for a party to file a no-fault divorce in Pennsylvania when the spouse filing for divorce is not pursuing a claim of fault against the other spouse. Some grounds for fault are desertion, adultery, bigamy, indignities, or endangerment. In a Pennsylvania no-fault divorce case, the parties do not have to suffer through the emotionally and financially costly process of testifying at a hearing for the judge or master to determine if either spouse was responsible for the demise of the marriage. Once the marital property and debt issues have been resolved, a Pennsylvania no-fault divorce can be finalized after a 90-day waiting period if both spouses sign their consent to the entry of the divorce decree or after the spouses have been separated for two years and either spouse seeks to finalize the divorce and marital property issues.

Uncontested Divorce Law

An uncontested divorce is the least costly way to obtain a divorce decree. In a Pennsylvania uncontested divorce, both parties agree to the separation of their marital assets and debts as well as any alimony and have signed a settlement agreement reflecting this. The parties then must only follow the 90-day waiting period from the filing of their complaint to consent to the entry of the divorce decree. This process is the most cost effective because the parties, through their attorneys negotiate a reasonable settlement of all the outstanding issues and do not turn the control over to a judge.

To discuss obtaining a no-fault or uncontested divorce or to schedule an initial consultation at the Myers Law Group, LLC, call 724-778-8800 or email Jeffrey@jpmyerslaw.com.
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